Terms of Service

1. Acceptance of Terms

By using this website or engaging SoFlo IT to provide IT services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and SoFlo IT, a Florida-based managed IT services provider.

If you are accessing our website or services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "Client" refer to that entity.

We reserve the right to update or modify these Terms at any time. Continued use of our website or services following notice of changes constitutes your acceptance of the updated Terms. We will always maintain a current version of these Terms on this page with the effective date noted above.

2. Services

SoFlo IT provides managed IT services to businesses throughout South Florida, including but not limited to: remote monitoring and management (RMM), helpdesk support, cybersecurity solutions, cloud migration and management, network infrastructure design and support, backup and disaster recovery planning, and VoIP phone system installation and management. The specific scope of services provided to each Client is defined in a separate written Service Agreement or Statement of Work signed by both parties.

SoFlo IT reserves the right to modify, suspend, or discontinue any service offering at any time with reasonable notice to affected Clients. Where a signed service agreement exists, any modifications to contracted services will be governed by the terms of that agreement.

Services described on this website are provided for informational purposes only and do not constitute a binding offer. All service engagements are subject to a written agreement, availability of resources, and SoFlo IT's sole determination that it is able to adequately serve the Client's needs.

3. Client Responsibilities

Clients are responsible for providing SoFlo IT with accurate and complete information about their IT environment, including hardware, software, network topology, existing security configurations, and any known issues. Failure to disclose material information may impact our ability to deliver effective services and may affect the scope of our liability.

Clients must ensure that SoFlo IT has the necessary access — including administrative credentials, physical access to on-site equipment where applicable, and authorization from any relevant third-party software or service vendors — to perform contracted services. Clients are responsible for obtaining and maintaining all required software licenses and third-party service subscriptions unless SoFlo IT has explicitly agreed in writing to manage those on the Client's behalf.

Clients agree not to use SoFlo IT's services for any unlawful purpose, including unauthorized access to computer systems, distribution of malware, violation of data privacy laws, or any activity that could expose SoFlo IT to legal liability. Clients are responsible for ensuring their employees comply with acceptable use policies and for promptly reporting any suspected security incidents to SoFlo IT.

4. Payment Terms

Fees for managed IT services are invoiced monthly in advance unless otherwise specified in the Client's service agreement. One-time project fees, hardware procurement costs, and out-of-scope labor are invoiced separately and are due within 30 days of invoice date. All fees are stated in U.S. dollars.

Past-due balances are subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is less) on the outstanding balance. SoFlo IT reserves the right to suspend services for accounts that are more than 30 days past due after providing written notice. Suspended services will be reinstated upon full payment of the outstanding balance plus applicable late fees.

All fees paid are non-refundable except as expressly stated in the Client's service agreement or as required by applicable law. If a Client cancels services mid-month, no refund will be issued for the unused portion of the billing period. Hardware or software procured specifically for a Client may not be returned or credited unless the vendor's own return policy permits it.

5. Intellectual Property

All content on the SoFlo IT website — including text, graphics, logos, icons, images, and software — is the property of SoFlo IT or its content suppliers and is protected by applicable U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this site without our express written permission.

Any documentation, scripts, tools, configurations, or processes developed by SoFlo IT in the course of providing services remain the intellectual property of SoFlo IT unless otherwise explicitly agreed to in writing. This includes but is not limited to monitoring scripts, automation workflows, and custom network configurations created for your environment.

Client data and Client-owned software remain the exclusive property of the Client at all times. SoFlo IT claims no ownership over any data, documents, or software belonging to the Client. Upon termination of services, SoFlo IT will cooperate in good faith to ensure a smooth transition of access, documentation, and data custody back to the Client or a successor provider.

6. Limitation of Liability

SoFlo IT will perform services with reasonable care and skill consistent with industry standards. However, we do not guarantee that our services will be uninterrupted, error-free, or that all security threats will be detected and neutralized. IT environments are inherently complex, and no managed IT services provider can guarantee immunity from all cyber threats, hardware failures, or data loss events.

To the fullest extent permitted by applicable law, SoFlo IT's total cumulative liability to a Client for any claims arising out of or related to services provided shall not exceed the total fees paid by that Client to SoFlo IT in the three (3) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the form of the action, whether in contract, tort, negligence, strict liability, or otherwise.

In no event shall SoFlo IT be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of business opportunity, even if SoFlo IT has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain damages, so some of these limitations may not apply to you.

7. Termination

Either party may terminate a service agreement by providing written notice in accordance with the notice provisions set out in the applicable service agreement (typically 30 days). Early termination by the Client prior to the end of a committed contract term may be subject to early termination fees as specified in the service agreement.

SoFlo IT may terminate services immediately, without prior notice, in the event of: (a) Client's material breach of these Terms or any service agreement that is not cured within 10 days of written notice; (b) Client's failure to pay invoices that are more than 60 days past due; (c) Client's use of our services for unlawful purposes; or (d) circumstances beyond our control that make continued service delivery impractical or impossible.

Upon termination, SoFlo IT will remove its remote monitoring and management agents from Client systems within a commercially reasonable timeframe, return or destroy Client-owned credentials in our possession, and provide a final invoice for any outstanding amounts owed. Provisions of these Terms that by their nature should survive termination — including payment obligations, intellectual property rights, limitations of liability, and governing law — will survive.

8. Governing Law

These Terms and any service agreements between SoFlo IT and its Clients shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The parties agree that any dispute arising out of or relating to these Terms or the services provided shall be resolved exclusively in the state or federal courts located in Broward County, Florida, and each party consents to personal jurisdiction in those courts.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes informally by notifying the other party in writing and engaging in good-faith negotiations for a period of at least 30 days. This requirement does not apply to disputes involving intellectual property rights or breaches that require immediate injunctive relief.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if not possible, it will be severed from these Terms. The remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between the parties with respect to use of the website and, together with any applicable service agreement, the full agreement regarding services.

9. Contact Us

If you have any questions about these Terms of Service or wish to discuss any aspect of your service agreement, please contact us. We are committed to resolving concerns promptly and maintaining clear, transparent communication with all of our Clients.